Forsyth County District Attorney Tom Keith may be retiring Monday, but that didn't stop a local lawyer from filing a lawsuit against him.
Clarke Dummit, a Winston-Salem attorney, filed the lawsuit Tuesday in Forsyth District Court, alleging that Keith misused his authority to prevent a judge from hearing a petition. The petition was filed by a man whose car was seized after his brother was arrested in connection with a prea rranged race.
The man wanted to keep his car from being auctioned, Dummit said in the complaint.
Keith announced last week that he was retiring Monday after 19 years in office.
Dummit sent out a statement Tuesday announcing the lawsuit. In that statement, he also defended Judge Laurie Hutchins of Forsyth District Court, who is in a legal dust-up with Keith over her handling of a speeding case last week. Dummit ran against Hutchins 13 years ago for an open district-court seat, and Hutchins won. He said he has appeared before Hutchins many times and that she has maintained high legal standards.
"I think it is a shame that Mr. Keith is attempting to politicize the trial-court process for political gain, but it has been his modus operandi," he said. "Today (Tuesday), my office filed a lawsuit against Tom Keith for misusing his political power."
Dummit said yesterday that his lawsuit has nothing to do with the dispute between Hutchins and Keith, and he blamed state legislators for giving prosecutors too much control over which cases will be heard when that power should be given to judges.
Keith is out of town this week and could not be reached for comment.
According to the lawsuit, a state trooper arrested Monico Macarrio Morale Sanchez on Nov. 25, 2008, on charges of racing in Forsyth County. On Dec. 4, 2008, the trooper seized the car he was driving. Monico Sanchez was also charged with speed racing in Guilford County.
The car belonged to both Monico Sanchez, and his brother, Moises Sanchez, the lawsuit said. Moises Sanchez wasn't aware that his brother had used the car for racing and on Dec. 31, he filed a petition in Forsyth District Court to get his car back. Cars seized because of illegal speed racing are typically sold in auction.
Dummit tried to schedule a hearing, but was told he had to go through Keith. Keith refused to schedule a hearing, the lawsuit said.
Monico Sanchez was convicted of speed racing in Guilford County. But at the trial, the trooper who charged Monico Sanchez with speed racing in Forsyth County testified he had made a mistake and would ask Keith to dismiss those charges, the lawsuit said.
In April, Keith had those charges dismissed, but still refused to schedule a hearing on the car, Dummit said in the lawsuit.
Dummit tried again in June, but Keith again refused.
Moises Sanchez learned on Oct. 16 that his car was going to be auctioned the next day and he got a temporary restraining order to keep that from happening, the lawsuit said. Dummit said that Moises Sanchez still hasn't gotten his car and continues to wait for his petition to be heard.
"They can't take away a car without giving a person a hearing," he said. "That's a violation of due process of law."
The complaint asks that the court award Moises Sanchez $10,000 or more and the return of his car.
mhewlett@wsjournal.com
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